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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 111468
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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I purchased 2 bags of Perdue precooked chicken wings at a

Customer Question

I purchased 2 bags of Perdue precooked chicken wings at a Cheney distribution store. My daughter put them in the oven as directed but left them on some extra time. My grandson who has adrenaleukodystrophy (ALD) and adrenal insufficiency was eating them with his brother. When he bit into one of them, blood came out. He was extremely scared of getting something such as salmonella and made himself throw up several times. When he's physically sick or stressed , we have to increase his steroid doses for a couple of days per his doctor's orders. I notified Perdue and sent them pictures of the bag, instruction sheet and the bloody piece of wing. I am my daughter's P.O.A. since she had brain cancer 4 years ago. They sent her a check to cover the cost of the chicken. They asked her was I going to agree with a settlement and for what or see a lawyer. I don't know what I should do. Any advice?
Submitted: 3 months ago.
Category: Legal
Expert:  Law Educator, Esq. replied 3 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
Legally, if there is some defect in the product or their instructions they are liable for the cost of the product and if any actual medical harm occurred, they would be liable for medical expenses. If the wings were supposed to be cooked already, there should not have been a problem, so they are liable for sending them out under cooked. To make this case worth more than maybe $500 or so, you would have to prove some actual injury happened to the child as a result (fear is generally not compensable unless it is accompanied by actual harm). So, if all they are offering is the money back for the product and because your grandson did have some issues and their product was not cooked as advertised, you need to contact them and make them an offer to settle for $700 and negotiate down with them based on your grandson's distress from biting on the uncooked product that was supposed to have been cooked before it reached the consumer. You can tell them you will file a complaint with the Food and Drug Administration and seek a recall if they refuse to settle this matter and realistically, if they offer anywhere between $100 and $400 that would be a realistic settlement on this type of claim.

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